Advisory Opinion re Nonpartisa Com'n
| Citation | 926 So.2d 1218 |
| Decision Date | 23 March 2006 |
| Docket Number | No. SC05-1754.,No. SC05-1895.,SC05-1754.,SC05-1895. |
| Parties | ADVISORY OPINION TO the ATTORNEY GENERAL RE: INDEPENDENT NONPARTISAN COMMISSION TO APPORTION LEGISLATIVE AND CONGRESSIONAL DISTRICTS WHICH REPLACES APPORTIONMENT BY LEGISLATURE. |
| Court | Florida Supreme Court |
Charles J. Crist, Jr., Attorney General and Joslyn Wilson, Assistant Attorney General, Tallahassee, FL, for Petitioner.
Mark Herron and Robert John Telfer, III of Messer, Caparello and Self, P.A., Tallahassee, FL, for Committee for Fair Elections, Sponsor.
Miguel De Grandy and Stephen M. Cody of Miguel De Grandy, P.A., Coral Gables, FL, on behalf of Mario Diaz-Balart, Lincoln Diaz-Balart and Ileana Ros-Lehtinen; Barry Richard and Glenn T. Burhans, Jr. of Greenberg Traurig, P.A., Tallahassee, FL, on behalf of Charlie Clary, Alfred Lawson, Jr. and Jim Sebesta; and J. Dudley Goodlette of Goodlette, Coleman and Johnson, P.A., Naples, FL, and George N. Meros, Jr. and Allen C. Winsor of GrayRobinson, P.A., Tallahassee, FL, on behalf of Allan G. Bense, for Opponents.
The Attorney General has requested this Court to review a proposed amendment to the Florida Constitution. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons explained below, we conclude that the proposed amendment does not meet the requirements of article XI, section 3 of the Florida Constitution1 and section 101.161 of the Florida Statutes2 and should not be included on the ballot for the 2006 general election.
A political committee called Committee for Fair Elections sponsored three initiative petitions to amend the Florida Constitution pursuant to the initiative petition process contained in article XI, section 3 of the Constitution. One of the petitions entitled "Independent Nonpartisan Commission To Apportion Legislative and Congressional Districts Which Replaces Apportionment By the Legislature" (hereinafter Independent Commission Initiative) seeks to replace the current constitutional provision by which the Florida Legislature apportions the State into senatorial and representative districts3 with a constitutional provision creating an Apportionment and Districting Commission to accomplish that task. The other two initiative petitions sponsored by the Committee for Fair Elections are not before this Court for an advisory opinion.4
The full text of the proposed amendment provides:
Full Text
Delete current Article III, Section 16, and insert the following:
Section 16. Apportionment and Districting Commission. —.
(a) APPORTIONMENT AND DISTRICTING COMMISSION. In the year following each decennial census or when required by the United States or by court order, a commission shall divide the state into not less than 30 or more than 40 consecutively numbered single-member senatorial districts of convenient contiguous territory, not less than 80 or more than 120 consecutively numbered single-member representative districts of convenient contiguous territory as provided by this constitution or by general law and shall divide the state to create as many congressional districts as there are representatives in congress apportioned to this state. Districts shall be established in accordance with the constitution of this state and of the United States and shall be as nearly equal in population as practicable.
(1) On or before June 1 in the year following each decennial census, or within 15 days after legislative apportionment or congressional districting is required by law or by court order, 15 commissioners shall be certified by the respective appointing authorities to the custodian of records. The president of the senate and the speaker of the house of representatives each shall select and certify three commissioners. Members of minority parties in the senate shall elect one from their number who shall select and certify three commissioners. Members of minority parties in the house of representatives shall elect one from their number who shall select and certify three commissioners. On or before June 1 of the same year, the chief justice of the supreme court shall select three members of the commission, each of whom shall be a registered voter who for the previous two years was not registered as an elector of either of the two largest political parties in the senate and the house of representatives. The chief justice shall select commissioners from recommendations made by the chief judge of each district court of appeal. Each chief judge shall recommend three individuals who otherwise meet the requirements of this section and who reside in that district. From the individuals recommended by chief judges of the district courts of appeal, the chief justice shall select and certify three commissioners. No two commissioners selected by the chief justice shall reside in the same appellate district.
(2)a. No commissioner shall have served during the four years prior to his or her certification as an elected state official, member of congress, party officer or employee, paid registered lobbyist, legislative or congressional employee, and no commissioner shall be a relative, as defined by law, or an employee of any of the above.
b. As a condition of appointment, each commissioner shall take an oath affirming that the commissioner will not receive compensation as a paid registered lobbyist, or seek elected office in any legislative or congressional district for a period of four years after concluding service as a commissioner.
(3) The commission shall elect one of its members to serve as chair and shall establish its own rules and procedures. All commission actions shall require 10 affirmative votes. Meetings and records of the commission shall be open to the public and public notice of all meetings shall be given.
(4) Within 180 days after the commission is certified to the custodian of records, the commission shall file with the custodian of records its final report, including all required plans.
(5) After the supreme court determines that the required plans are valid, the commission shall be dissolved.
(b) FAILURE OF COMMISSION TO APPORTION; JUDICIAL APPORTIONMENT. If the commission does not timely file its final report including all required plans with the custodian of records, the commission shall be dissolved, and the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of records an order making such apportionment.
(c) JUDICIAL REVIEW OF APPORTIONMENT. Within 15 days after the final report of the commission is filed with the custodian of records, the attorney general shall petition the supreme court to review and determine the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within 30 days from filing the petition, shall enter its judgment.
(d) EFFECT OF JUDGMENT IN APPORTIONMENT. A judgment of the supreme court determining the apportionment to be valid or ordering judicial apportionment shall be binding upon all citizens of the state. Should the supreme court determine that the apportionment made by the commission is invalid, the commission, within 20 days after the ruling, shall adopt and file with the custodian of records an amended plan that conforms to the judgment of the supreme court. Within five days after the filing of an amended plan, the attorney general shall petition the supreme court of the state to determine the validity of the amended plan, or if the commission has failed to file an amended plan, report that fact to the court.
(e) JUDICIAL APPORTIONMENT. Should the commission fail to file an amended plan or should the supreme court determine the amended plan is invalid, the commission shall be dissolved, and the supreme court shall, not later than 60 days after receiving the petition of the attorney general, file with the custodian of records an order making such apportionment.
The Independent Commission Initiative petition was filed with the Florida Secretary of State as required by Florida law.5 Pursuant to section 15.21, Florida Statutes (2005), the Secretary of State submitted the amendment to the Florida Attorney General and certified that the petition had obtained the signatures of voters as required by article XI, section 3 of the Florida Constitution.6 In accordance with the provisions of article IV, section 10 of the Florida Constitution, and section 16.061, Florida Statutes (2005), the Attorney General petitioned this Court for an advisory opinion as to whether the text of the proposed amendment complies with the constitutional requirements of article XI, section 3, and whether the proposed ballot title and summary comply with the statutory requirements of section 101.161(1). The Attorney General also petitioned this Court for an advisory opinion as to whether the financial impact statement complies with the statutory requirements of section 100.371(6), Florida Statutes (2005).7
In response to the Attorney General's request, we issued an order allowing interested parties to file briefs and heard oral arguments on the validity of the initiative petition. The Committee for Fair Elections filed briefs in support of the proposed amendment. Speaker of the Florida House of Representatives Alan Bense, Florida Senate members Charley Clary, Alfred Lawson, and Jim Sebesta, and Florida Congressional Representatives Mario Diaz-Balart, Lincoln Diaz-Balart, and Ileana Ros-Lehtinen filed briefs in opposition to the proposed amendment.
Article XI, section 3 of the Florida Constitution gives Florida citizens the power to propose a revision or amendment to the Constitution through the initiative process. Article IV, section 10 requires the Attorney General to request an opinion of this...
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